ATTACHMENT D
MPR 2755219 Issued on October 28, 2022 Page 125
Cost of Bonds the cost of bonds to release attachments, but only for bond amounts within the applicable Limits of Insurance. The Insurer does not have to furnish these bonds. Loss of Earnings all reasonable expenses incurred by the Insured at the InsurerInsurer in the investigation or defence of the Claim or Action including actual loss of earnings up to the per day Loss of Earnings Sub-limit shown in the Commercial General Liability Declarations because of time off work necessary in the assistance of the investigation or defence. Bail Bonds up to the Bail Bonds Sub-limit shown in the Commercial General Liability Declarations for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily injury Liability Coverage applies. The Insurer does not have to furnish these bonds. Costs taxed against the Insured all costs taxed against the Insured in the Claim or Action. Insured. Interest awarded against the Insured interest awarded against the Insured on that part of the judgment within the applicable Limits of Insurance that the Insurer pays. If the Insurer makes an offer to pay the Limits of Insurance, the Insurer will not pay any interest based on that period of time after the offer. Interest on any judgment all interest on that part of any judgment, within the applicable Limits of Insurance, that accrues after entry of the judgment and before the Insurer has paid, offered to pay, or deposited in court, that part of the judgment that is within the applicable Limits of Insurance. Blanket Additional Insureds Blanket Section extends the definition of Insured to include any person or organization described in sub-Named Insured is required to add as an Additional Insured to the Commercial General Liability Coverage Sections under a written contract or written agreement, provided such contract or agreement: 1. is currently in effect or becomes effective during the Policy Period; and 2. was executed prior to: a. the Bodily Injury or Property Damage; or b. the offense that caused the Personal and Advertising Injury, for which such Additional Insured seeks coverage. However, subject always to the terms and conditions of this Policy, including the Limits of Insurance, the Insurer will not provide such Additional Insured with: i. the higher limit of insurance than required by such contract or agreement; or ii. coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable sub- listed below. Any Blanket
MPR 2755219 Issued on October 28, 2022 Page 126
Controlling Interest Any person or organization with a majority interest in the Named Insured is an Insured, but only with respect to such person or organization's liability for Bodily Injury, Property Damage or Personal and Advertising Injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises, provided that the coverage granted by this does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such Additional Insured. Contractors and Owners Any person or organization whom the Named Insured is required to include as an Additional Insured, but only with respect to such person or organization's liability for Bodily Injury, Property Damage or Personal and Advertising Injury caused in whole or in part by the acts or omissions, or the acts or omissions of those acting on the behalf: 1. in the performance of the ongoing operations subject to such written contract; or 2. in the performance of the work subject to such written contract, but only with respect to Bodily injury or Property damage included in the products-completed operations hazard, and only if: a. the written contract requires you to provide the additional insured such coverage; and b. this coverage part provides such coverage. However, no person or organization is an Additional Insured with respect to Bodily Injury, Property Damage, or Personal and Advertising Injury arising out of the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and supervisory, inspection, architectural or engineering activities. Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this Policy but only with respect to such co-owner's liability for Bodily Injury, Property Damage or Personal and Advertising Injury as co-owner of such premises. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for Bodily Injury, Property Damage or Personal and Advertising Injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the Occurrence giving rise to such Bodily Injury, Property Damage or the offense giving rise to such Personal and Advertising Injury takes place prior to the termination of such lease. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for Bodily Injury, Property Damage or Personal and Advertising Injury arising out of the ownership, maintenance or use of such land, provided that the Occurrence giving rise to such Bodily Injury, Property Damage or the offense giving rise to such Personal and Advertising Injury takes place prior to the termination of such lease. The coverage granted by this does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such Additional Insured. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager but only with respect to liability for Bodily Injury, Property Damage or Personal and Advertising Injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the Occurrence giving rise to such Bodily Injury or Property Damage, or the offense giving rise to such Personal and Advertising Injury, takes place prior to the termination of such lease.
MPR 2755219 Issued on October 28, 2022 Page 127
The coverdoes not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such Additional Insured. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for Bodily Injury, Property Damage or Personal and Advertising Injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. Provincial, Territorial or Governmental Agency or Subdivision or Political Subdivision Permits A provincial, territorial or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such provincial, territorial or governmental agency or subdivision or political subdivision's liability for Bodily Injury, Property Damage or Personal and Advertising Injury arising out of: 2. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which coverage afforded by the Commercial General Liability Coverage Sections applies: 1. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist-away openings, sidewalk vaults, street banners, or decorations and similar exposures; or 2. the construction, erection, or removal of elevators; or 3. the ownership, maintenance or use of any elevators covered by this Policy; or 3. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. Permits does not apply to: i. Bodily Injury, Property Damage or Personal and Advertising Injury arising out of operations performed for the provincial, territorial or governmental agency or subdivision or political subdivision; or ii. Bodily Injury or Property Damage included within the Products-Completed Operations Hazard. With respect to this provision's requirement that Additional Insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an Additional Insured. Trade Show Event Lessor With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an Additional Insured, but only with respect to such person or organization's liability for Bodily Injury, Property Damage or Personal and Advertising Injury caused by: 1. the Named Insured's acts or omissions; or 2. the acts or omissions of those acting on behalf of the Named Insured in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. Bodily Injury or Property Damage included within Extension Products-Completed Operations HazardCoverage section Primary and Non- For the sole purpose of the Commercial General Liability Coverage Sections of this Policy, points 1. and 2. below shall be added to Other Condition 1. If the Named Insured has agreed in writing in a contract or agreement that coverage under the Commercial General Liability Coverage Sections of this Policy is primary and non-contributory in respect of an Additional
MPR 2755219 Issued on October 28, 2022 Page 128
Insured's own insurance, then coverage under the Commercial General Liability Coverage Sections of this Policy is primary, and the Insurer will not seek contribution from that other insurance. For tInsured is a Named Insured. 2. Otherwise, and notwithstanding anything to the contrary in point 1. above, the coverage afforded under the Commercial General Liability Coverage Sections of this Policy provided to an Additional Insured (as described in Blanket l Liability Coverage Sections) is excess of any other insurance available to such Additional Insured.
Paula Hardie, BA, CIP
, CAIB
Account Manager
265
0 –
666 Burrard
St.
Vancouver, BC V6C 2X8
Canada
D
+604.605.3654
E
W
willistowerswatson.com
Paula Hardie, BA, CIP, CAIB
Account Manager
Page
1 of
1 October 21
, 202
1 City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
To Whom It May Concern:
Subject:
Avocette Technologies Inc.
Willis Towers Watson is the insurance broker for Avocette Technologies Inc. (Avocette).
This letter is to
confirm that
Avocette has Contingent Employers Liability insurance under their Commercial
General
Liability as evidenced on the attached certificate.
In British Columbia, Canada, Primary Worker’s
Compensation insurance, including Employers Liability, is provided by the Provincial WorkSafe BC
Program. The Contingent Employers Liability coverage will provide coverage for any employee who is
ineligible for
the WorkSafe BC coverage.
Avocette does not have any US employees and,
as such,
is
not required to purchase US Worker’s Compensation insurance.
T
he Endorsement
adding the City of Cupertino as Additional Insured
and the Waiver of Subrogation
under
Avocette’s
202
1 -202
2 Commercial General Liability
coverage
are
attached (see page 3
& 4
).
Should you have any questions please do not hesitate to contact the undersigned.
Sincerely,